68th OREGON LEGISLATIVE ASSEMBLY--1995 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1324
House Bill 2089
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Joint Legislative Interim
Task Force on Health Care for the Dental Hygienist Association)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Eliminates requirement that dental hygienist be under
supervision of dentist. Eliminates requirement that dentist
report employment of dental hygienist. Imposes conditions on
operation of dental hygiene office.
A BILL FOR AN ACT
Relating to dental hygienists; amending ORS 679.010, 679.020 and
680.020; and repealing ORS 680.150 and 680.170.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 679.010 is amended to read:
679.010. As used in this chapter and ORS 680.010 to 680.170,
unless the context requires otherwise:
(1) 'Board' means the Oregon Board of Dentistry.
(2) 'Dentistry' means the healing art which is concerned with
the examination, diagnosis, treatment planning, care, and
prevention of conditions, which shall include but not be limited
to the cutting, altering, repairing, removing, replacing or
repositioning of hard or soft tissues, within the human oral
cavity and its adjacent or related tissues and structures.
(3) 'Dentist' means a person who may perform any intraoral or
extraoral procedure required in the practice of dentistry.
(4) 'Dental hygiene' means that portion of dentistry that
includes the rendering of educational, preventive and therapeutic
dental services in general, but specifically, scaling, root
planing, curettage and any related intraoral or extraoral
procedure required in the performance of such services.
(5) 'Dental hygienist' means a person who { - , under the
supervision of a dentist, practices - } { + provides + } dental
hygiene { + services + }.
(6) 'Dental assistant' means a person who, under the
supervision of a dentist, renders assistance to a dentist, dental
hygienist, dental technician or another dental assistant.
(7) 'Dental technician' means that person who, at the
authorization of a dentist, makes, provides, repairs or alters
oral prosthetic appliances and other artificial materials and
devices which are returned to a dentist and inserted into the
human oral cavity or which come in contact with its adjacent
structures and tissues.
(8) 'Direct supervision' means supervision requiring that a
dentist diagnose the condition to be treated, that a dentist
authorize the procedure to be performed, and that a dentist
remain in the dental treatment room while the procedures are
performed.
(9) 'Indirect supervision' means supervision requiring that a
dentist authorize the procedures and that a dentist be on the
premises while the procedures are performed.
(10) 'General supervision' means supervision requiring that a
dentist authorize the procedures, but not requiring that a
dentist be present when the authorized procedures are performed.
The authorized procedures may also be performed at a place other
than the usual place of practice of the dentist.
SECTION 2. ORS 679.020 is amended to read:
679.020. (1) No person shall practice dentistry without a
license.
(2) Before engaging, conducting, operating or maintaining any
dental office in any way, every individual shall obtain a license
to practice dentistry in this state.
(3) The provisions of subsections (1) and (2) of this section
as they relate to owning and operating a dental clinic do not
apply to a labor organization as defined in ORS 663.005 (6) and
243.650 (12), or to any nonprofit organization formed by or on
behalf of such labor organization for the purpose of providing
dental services. Such labor organization shall have had an active
existence for at least three years, have a constitution and
bylaws, and be maintained in good faith for purposes other than
providing dental services.
(4) Any labor organization that owns or operates a dental
clinic pursuant to subsection (3) of this section shall appoint
an actively licensed dentist as its dental director who shall be
subject to the provisions of ORS 679.140 in the capacity as
dental director. The dental director shall have responsibility
for all matters affecting the clinical practice of dentistry,
which includes, but is not limited to:
(a) Diagnosis of conditions within the human oral cavity and
its adjacent tissues and structures.
(b) Prescribing drugs which are administered to patients in the
practice of dentistry.
(c) Treatment plan of any dental patient.
(d) Overall quality of patient care which is rendered or
performed in the practice of dentistry.
(e) Supervision of { - dental hygienists or - } dental
assistants and the authorization for procedures performed by them
as provided by the rules of the board.
(f) Other specific services within the scope of clinical dental
practice.
(5) As used in this section 'owning and operating a dental
clinic' means relating to the business aspects of the dental
practice, which includes, but is not limited to, the ownership
and management of a dental clinic. 'Management' includes, but is
not limited to, prices, credit, refunds, warranties, advertising,
office personnel and hours of practice, but does not include the
clinical practice of dentistry.
SECTION 3. ORS 680.020 is amended to read:
680.020. (1) It shall be unlawful for any person not otherwise
authorized by law to practice dental hygiene or purport to be a
dental hygienist without a valid license to practice dental
hygiene issued by the board.
(2) The requirements of this section shall not apply to:
(a) Dental hygienists licensed in another state making a
clinical presentation sponsored by a bona fide dental or dental
hygiene society or association or an accredited dental or dental
hygiene education program approved by the board.
(b) Bona fide full-time students of dental hygiene who, during
the period of the student's enrollment and as a part of the
course of study in an Oregon dental hygiene education program
accredited by the Commission on Accreditation of the American
Dental Association, or its successor agency, if any, which must
have been approved by the board, engage in clinical studies on
the premises of such program or in a clinical setting located off
the premises if the facility, the instructional staff, and the
course of study at the off-premises location meet minimum
requirements prescribed by the rules of the board and the
clinical study is performed under the direct supervision of a
member of the faculty.
(c) Candidates who are preparing for licensure examination to
practice dental hygiene and whose application has been accepted
by the board or its agent, if such clinical preparation is
conducted in a clinic located on premises approved for that
purpose by the board and if the procedures are limited to
examination only.
(d) Dental hygienists practicing in the discharge of official
duties as employees of the United States Government and any of
its agencies.
(e) Instructors of dental hygiene, whether full- or part-time,
while exclusively engaged in teaching activities and while
employed in accredited dental hygiene educational institutions.
(f) Dental hygienists employed by public health agencies who
are not engaged in direct delivery of clinical dental hygiene
services to patients.
{ + (3) A person shall not own, operate or maintain an office
for the provision of dental hygiene services unless all persons
providing the services are licensed to perform dental
hygiene. + }
{ + (4) The provisions of subsection (3) of this section as
it relates to owning, operating or maintaining a dental hygiene
clinic do not apply to a labor organization as defined in ORS
243.650 and 663.005, or to any nonprofit organization formed by
or on behalf of such labor organization for the purpose of
providing dental hygiene services. Such labor organization shall
have had an active existence for at least three years, have a
constitution and bylaws and be maintained in good faith for
purposes other than providing dental hygiene services. + }
{ + (5) Any labor organization that owns, operates or
maintains a dental hygiene clinic pursuant to subsection (4) of
this section shall appoint an actively licensed dentist or dental
hygienist as its dental director who shall be subject to the
provisions of ORS 679.140 in the capacity as dental director. The
dental director shall have responsibility for all matters
affecting the clinical practice of dental hygiene, including, but
not limited to:
(a) Diagnosis of conditions within the human oral cavity and
its adjacent tissues and structures.
(b) Treatment plan of any dental patient.
(c) Overall quality of patient care that is rendered or
performed in the practice of dental hygiene.
(d) If a dentist, supervision of dental assistants.
(e) Other specific services within the scope of clinical dental
hygiene practice. + }
{ + (6) As used in this section:
(a) 'Owning, operating or maintaining a dental hygiene clinic'
means relating to the business aspects of the dental hygiene
practice, which includes, but is not limited to, the ownership
and management of a dental hygiene clinic.
(b) 'Management' includes, but is not limited to, prices,
credit, refunds, warranties, advertising, office personnel and
hours of practice, but does not include the clinical practice of
dental hygiene.
+ } { + SECTION 4. + } { + ORS 680.150 and ORS 680.170 are
repealed. + }
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